Know Your Rights and
How to Protect Them

A slip and fall accident happens when you’re injured due to a dangerous condition on someone else’s property, such as wet floors, uneven surfaces, poor lighting, or unmarked hazards. In Texas, these cases fall under premises liability law, meaning property owners have a duty to keep their spaces reasonably safe. When they don’t, serious injuries can follow.

Texas law requires you to prove the owner knew or should have known about the hazard and failed to fix or warn you. Under Texas Civil Practice and Remedies Code §16.003, you generally have two years to file a claim, and the state’s 51% bar rule may affect recovery. Our attorneys use both legal insight and medical understanding to build your case and pursue the maximum possible compensation for your injuries.

Steps to Take if You’ve Been in a Slip and Fall Accident:

  • Seek medical attention and document all symptoms, diagnoses, and treatment plans
  • Report the incident to the property owner, manager, or supervisor and request a written report
  • Take clear photos and videos of the hazard, the surrounding area, the lighting, and any warning signs (or lack thereof)
  • Gather names and contact information of any witnesses who saw the incident or the conditions
  • Preserve physical evidence such as clothing and shoes worn at the time, without washing or altering them
  • Request copies of incident reports, maintenance logs, and surveillance footage if available
  • Avoid giving recorded statements or accepting early settlement offers without legal guidance
  • Keep detailed records of medical bills, lost wages, and how the injury affects your daily life
  • Follow all medical advice and attend follow-ups to support your recovery and documentation
  • Contact a slip and fall attorney to review your case

Slip and Fall Accidents FAQs

How Long Do I Have to File a Claim in Texas?

Under Texas Civil Practice and Remedies Code §16.003, you generally have 2 years from the date of your injury to file a lawsuit. Missing this deadline can prevent you from recovering compensation entirely. Acting early also helps preserve evidence like surveillance footage.

What if I Was Partially at Fault for My Fall?

Texas follows a modified comparative fault rule (51% bar):

  • Less than 51% at fault: You may recover compensation
  • 51% or more at fault: You cannot recover damages

However, even if you’re less than 51% at fault, compensation is reduced by your percentage of fault. Even if you think you share some responsibility, it’s still worth having your case evaluated

What Types of Evidence Help Strengthen My Claim?

Strong cases are built on clear, well-preserved evidence, such as:

  • Photos or videos of the hazard and surrounding conditions
  • Incident reports and maintenance records
  • Witness statements and contact information
  • Medical records linking the injury to the fall
  • Surveillance footage, when available

Do All Property Owners Have the Same Responsibility?

Not exactly. Texas law applies different duties depending on your status:

  • Invitee: Highest duty (businesses must inspect and fix hazards)
  • Licensee: Must be warned of known dangers
  • Trespasser: Limited protection

Contact Us for a Free Case Evaluation

It Costs Nothing to Understand Your Options After a Slip and Fall Accident

After a fall, it helps to talk to attorneys who truly understand both your injuries and your legal options. At Omondi & Associates, our team provides clear guidance focused on your recovery while reviewing every aspect of your case. Led by founding attorney Tom Omondi, who brings a unique perspective as both an attorney and a registered nurse, our attorneys approach slip and fall claims with legal experience and medical insight. Reach out today to schedule your free case review for your slip and fall accident.

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